|
|
Attachment
1
Attorneys to Engineers: Protect
Self
DENVER-Anyone
can become a target of a lawsuit but design engineers can minimize their exposure
by clearly instructing building owners about operation and maintenance of the
systems, and making sure the instructions are documented. Engineers,
said attorney Richard Tyler, have significant legal exposure because of the
potential for Indoor Air Quality (IAQ) lawsuits and must consider maintenance
and operation during the design-phase. "It
behooves you to protect yourself by making sure your specs address these
issues," he said. "You need to be able to say," I told them
what needs to be done and they didn't do it."
Michael Dillion (L) and Milton Meckler (C) share thoughts with Richard Charles and Fred
Kohloss during coffee break at IAQ '95. Tyler, a New Orleans-based attorney who
specializes in construction liability issues, and Mark Diamond, a New
York-based attorney who specializes indoor environment issues, were speakers
for a workshop at ASHRAE's IAQ '95 held Oct.22-24 at the Hyatt Regency. The attorneys spoke during a portion of
the workshop titled "The Attorneys Speak." The second part of the
workshop was "The Engineers Speak" which featured three design
engineers, including two who serve as expert witnesses in IAQ-related
lawsuits. Both attorneys emphasized the need to design systems that are as
simple as possible to maintain and operate. Some data suggest that 20-30% of
office buildings might be "sick" and a poll showed that 37% of
office workers see poor air quality as a workplace hazard. These numbers
almost ensure that IAQ lawsuits will increase. "Make sure maintenance schedules
are specified," said Diamond. "Make a written effort to educate
clients about IAQ and maintenance. Give them a copy of OSHA regulations. Keep
good records and in general recognize that HVAC system design is more than
making occupants comfortable." Diamond said ASHRAE's Standard 62-1989,
presently in the revision stage, helps him defend engineers who comply and
sue engineers who don't. He said designers should become familiar with the
revised Standard 62 and even follow it during the review process "where
it makes sense." Much of the portion of the program with
engineers centered around the complexity of standards and conflicts with
local codes.
Fred Kohloss, Presidential Member ASHRAE,
is a consulting engineer in Hawaii. He said that current standards are
becoming too detailed and sometimes too restrictive. The desire to design
systems that are simple to maintain and operate is often frustrated by
detailed requirements of standards, which require inclusion of complication. "In the real world of limited time
and money, engineers usually must compromise," he said. "This often
may involve noncompliance with a portion of a standard, which can be an
invitation to a lawsuit. There must be a better way." Michael Dillon, Fellow ASHRAE, has been
an expert witness many times. The consulting engineer from Long Beach, Calif.
said that when standards conflict with local codes, the engineer should
decide which is more defensible. He also said that standards must be
realistic and reflect the consensus of peers. If not, a standard "can
become ammunition for the lawyers to kill us." One member of the
audience suggested that perhaps ASHRAE should stop developing some of its
standards. Dillon responded, "Yes, but if not us who? I'm just saying
keep the procedures open and do it in a thoughtful manner." In other comments, Dillon said that
engineers should not let contractors dictate terms of design, and should not
give advice outside their field of expertise. He also said that designs should
consider maintenance and operating factors such as practicality and access to
equipment. "If it's reasonably foreseeable that maintenance will be
ignored, that's a problem." Richard Charles, P.E., Presidential
Member ASHRAE, is a San Francisco-based consulting engineer who also serves
as an expert witness. He described several IAQ incidents and their
resolutions. One of those incidents was a lawsuit in which exhaust air from a
restaurant entered an office full of attorneys. One attorney claimed she
became ill and could not work the rest of her life. She wanted $5 million in
damages. The engineer won in court but it cost him $300,000 in legal fees.
"We (engineers) must provide the best engineering services we can in
order to stay in business," he said. ASHRAE Journal December
1995 |
||||||||
|
|
|||||||||
